Legal Opinion
Kylleen Hargrave-Thomas v. Joan Yukins
Court of Appeals for the Sixth Circuit
Decided September 9, 2004No. 02-2152PublishedCited by 51 opinions
1Opinion of the CourtNelson, J., joined by Cook, J.,
CLAY, J. (pp. 391-94), delivered a separate dissenting opinion.
DAVID A. NELSON, Circuit Judge.
This is an appeal from an order granting a writ of habeas corpus. The key issue is whether-the state trial court’s refusal to hold an evidentiary hearing on certain ineffective assistance claims which the petitioner had asserted in a timely motion for a new trial constituted “cause” for the petitioner’s subsequent failure to assert a different ineffective assistance claim in her direct appeal. We conclude that the denial of an evidentiary hearing on the particular ineffective assistance claims that…
2Cases cited11 opinions
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Schlup v. DeloSupreme Court of the United States · 1995
- Murray v. CarrierSupreme Court of the United States · 1986
- McCleskey v. ZantSupreme Court of the United States · 1991
- Harris v. ReedSupreme Court of the United States · 1989
6 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Jells v. MitchellCourt of Appeals for the Sixth Circuit · 2008
- Tolliver v. SheetsCourt of Appeals for the Sixth Circuit · 2010
- Floyd Rayner, III v. David MillsCourt of Appeals for the Sixth Circuit · 2012
- Girts v. YanaiCourt of Appeals for the Sixth Circuit · 2007
- Cvijetinovic v. EberlinCourt of Appeals for the Sixth Circuit · 2010
46 more not listed; retrieve them via the Exa API.